laws of the United States, Title 35 of the United States Code § 1 et seq. This Court has exclusive jurisdiction over the subject matter of the Complaint under 28 U.S.C. §§ 1331 and 1338(a). Parties and Patents 2. Eclipse is a company organized and existing under the laws of

Florida and having a principal place of business address at 115 NW 17th Street, Delray Beach, Florida 33444.

organized and existing under the laws of Delaware. 5. On information and belief, Abercrombie does regular business

in this judicial district and has committed acts of infringement in this judicial district. Jurisdiction and Venue 6. This Court has personal jurisdiction over Abercrombie because

Abercrombie transacts continuous and systematic business within the State of Texas and this judicial district; is operating and/or supporting products or services that fall within one or more claims of Eclipse’s patents in this

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judicial district; and has committed the tort of patent infringement in this judicial district. 7. Venue is proper in this judicial district under 28 U.S.C. §§

1391(d) and 1400(b). Defendant’s Acts of Patent Infringement 8. Abercrombie has infringed one or more claims of the ‘414

patent through, among other activities, providing electronic notification communications to customers in connection with online orders, which contain authentication information in the form of links to Abercrombie’s website(s). 9. Abercrombie has infringed one or more claims of the ‘952

patent through, among other activities, providing electronic notification communications to customers in connection with online orders, which inform them of a change in the order status, and allow the customers to make a change or cancellation regarding the order. 10. Abercrombie has infringed one or more claims of the ‘716

patent through, among other activities, storing customers’ contact data in memory and providing notification communications to the customers which enable them to change the contact data.

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11.

Prior to filing this complaint, Eclipse, by letter, informed

Abercrombie of its infringement of the Patents-in-Suit, and offered to enter into a licensing arrangement that would allow Abercrombie to continue practicing the inventions claimed in the Patents-in-Suit. 12. Abercrombie, however, chose not to enter into a licensing

agreement with Eclipse. 13. Rather, with knowledge of the Patents-in-Suit and in disregard

of Eclipse’s patent rights, Abercrombie chose to continue its infringement. 14. Accordingly, in infringing the Patents-in-suit, Abercrombie has

acted knowingly, willfully, and with the intent to induce others to infringe the Patents-in-Suit. 15. Abercrombie has actively induced and/or contributed to the

infringement by others of one more claims of each of the Patents-in-Suit. Claims for Relief Count I (Patent Infringement of U.S. Patent No. 7,319,414 Under 35 U.S.C. § 271, et seq.) 16. Eclipse incorporates by reference and realleges the allegations

set forth in paragraphs 1 through 15 above. 17. On January 15, 2008, United States Patent No. 7,319,414,

entitled, “Secure Notification Messaging System and Methods Using

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Authentication Indicia” was duly and legally issued by the United States Patent and Trademark Office. Eclipse IP is the owner of the entire right, title and interest in and to the ‘414 patent. A true and correct copy of the ‘414 patent is attached as Exhibit A to this complaint. 18. Eclipse is informed and believes, and thereupon alleges, that

Abercrombie: (1) has infringed and continues to infringe claims of the ‘414 patent, literally and/or under the doctrine of equivalents, and/or (2) has contributed and continues to contribute to the literal infringement and/or infringement under the doctrine of equivalents of claims of the ‘414 patent, and/or has actively induced and continues to actively induce others to infringe claims of the ‘414 patent, literally and/or under the doctrine of equivalents, in this district and elsewhere in the United States. Count II (Patent Infringement of U.S. Patent No. 7,482,952 Under 35 U.S.C. § 271, et seq.) 19. Eclipse incorporates by reference and realleges the allegations

set forth in paragraphs 1 through 18 above. 20. On January 27, 2009, United States Patent No. 7,482,952,

entitled, “Response Systems and Methods for Notification Systems for Modifying Future Notifications” was duly and legally issued by the United States Patent and Trademark Office. Eclipse IP is the owner of the entire

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right, title and interest in and to the ‘952 patent. A true and correct copy of the ‘952 patent is attached as Exhibit B to this complaint. 21. Eclipse is informed and believes, and thereupon alleges, that

Abercrombie: (1) has infringed and continues to infringe claims of the ‘952 patent, literally and/or under the doctrine of equivalents, and/or (2) has contributed and continues to contribute to the literal infringement and/or infringement under the doctrine of equivalents of claims of the ‘952 patent, and/or has actively induced and continues to actively induce others to infringe claims of the ‘952 patent, literally and/or under the doctrine of equivalents, in this district and elsewhere in the United States. Count III (Patent Infringement of U.S. Patent No. 7,119,716 Under 35 U.S.C. § 271, et seq.) 22. Eclipse incorporates by reference and realleges the allegations

set forth in paragraphs 1 through 21 above. 23. On October 10, 2006, United States Patent No. 7,119,716,

entitled, “Response Systems and Methods for Notification Systems for Modifying Future Notifications” was duly and legally issued by the United States Patent and Trademark Office. Eclipse IP is the owner of the entire right, title and interest in and to the ‘716 patent. A true and correct copy of the ‘716 patent is attached as Exhibit C to this complaint.

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24.

Eclipse is informed and believes, and thereupon alleges, that

Abercrombie: (1) has infringed and continues to infringe claims of the ‘716 patent, literally and/or under the doctrine of equivalents, and/or (2) has contributed and continues to contribute to the literal infringement and/or infringement under the doctrine of equivalents of claims of the ‘716 patent, and/or has actively induced and continues to actively induce others to infringe claims of the ‘716 patent, literally and/or under the doctrine of equivalents, in this district and elsewhere in the United States. Prayer for Relief WHEREFORE, Plaintiff Eclipse asks this Court to enter judgment against Abercrombie and against each of the its respective subsidiaries, affiliates, agents, servants, employees and all persons in active concert or participation with it, granting the following relief: (a) An award of damages adequate to compensate Eclipse for the

infringement that has occurred, together with prejudgment interest from the date infringement of the Eclipse Patents began; (b) An award to Eclipse of all remedies available under 35 U.S.C.

§§ 284 and 285, including enhanced damages up to and including trebling of Eclipse’s damages for Abercrombie’s willful infringement, and reasonable attorneys’ fees and costs; and

Eclipse IP v. Abercrombie & Fitch

Description

Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00216: Eclipse IP LLC v. Abercrombie & Fitch Co. Filed in U.S. District Court for the Eastern District of Texas, no judge yet ...

Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00216: Eclipse IP LLC v. Abercrombie & Fitch Co. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7Qt for more info.